Case Number: BC639092 Hearing Date: March 01, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

MARIO VILLALTA, ET AL.,

Plaintiff(s),

vs.

ROSA M. GONZALEZ AND ANTONIO I. GONZALEZ DBA GON TRUCKING, ET AL.,

Defendant(s).

CASE NO: BC639092

[TENTATIVE] ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION FOR TERMINATING SANCTIONS

Dept. 3

1:30 p.m.

March 1, 2019

Defendants, Rosa M. Gonzalez and Antonio I. Gonzalez dba Gon Trucking, Rosa M. Gonzalez, and Antonio I. Gonzalez, propounded form interrogatories, special interrogatories, and RPDs on Plaintiffs, Mario Villalta and Guadalupe Chavarria on 5/23/18. On 11/02/18, because Plaintiffs had not served responses, the Court granted motions to compel. The Court ordered Plaintiffs to serve responses and pay sanctions.

To date, Plaintiffs have not complied with the order. Defendants therefore seek an order imposing terminating sanctions. Pursuant to Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 776, the Court should typically impose lesser sanctions prior to awarding terminating sanctions. However, there are circumstances where imposition of terminating sanctions is appropriate without first imposing issue and/or evidentiary sanctions. See Laguna Auto Body v. Farmers Ins. Exch. (1991) 231 Cal.App.3d 481, 490-91.

Terminating sanctions are imposed at this time for three reasons. First, the Court previously imposed monetary sanctions. Second, a brief review of the prior motions reveals that the discovery at issue goes to the “heart” of Plaintiff’s case, and therefore an issue or evidentiary sanction would be tantamount to a terminating sanction. Third, Plaintiff has not opposed this motion and appears to have abandoned the case.

Plaintiff’s case against Moving Defendants is dismissed. Defendants are ordered to give notice.